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HomeMy WebLinkAboutNissho of California Inc; 2016-05-03; PKRC577Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS; CONT. NO. PKRC577 ~fo This agn::lement is made on the •::.2 day of , 20}k, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "G. }, and Nissho of California, Inc. whose principal place of business is 1902 South Santa Fe Avenue, Vista, CA 92083 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project d'escribed by these Contract Documents (hereinafter called "Project"). PROVISIIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Kyle Lancaster (City ProJect Manager) WAGE R~ATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This projE:lct is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRC577 Page 1 of 11 City Attorney Approved 2/29/2016 Tracking#: FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or sub~~ctor from participating in contract bidding. Signature: __ -zl__:.__''l,__·_" ____ ~,.------- Print Name: --z;;; rvl B=-r.;/ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1 ,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employE~es and provides, to City's satisfaction, a declaration stating this. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRC577 Page 2 of 11 City Attorney Approved 2/29/2016 Tracking#: every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II II II II II II II Nissho of California, Inc. (name of Contractor) 598372 (Contractor's license number) C27, 7/31/2016 (license class. and exp. date) 1000018744 (DIR registration number) 6/30/2016 (DIR registration exp. date) LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRC577 1902 South Santa Fe Avenue (street address) Vista, CA 92083 (city/state/zip) 760-727-9719 (telephone no.) 760-727-8706 (fax no.) tbaird @nisshoca.com (e-mail address) Page 3 of 11 City Attorney Approved 2/29/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By~ Assistant C~ Manager,::~~ ~ey MaRe~er 0--Dej3SFtR'IEifl------t-· l~-1-•/'J:' A-> ,/e u ?r,?c_...e!.."-."'.J ~·-~ jia al:ltAeFi~ed by tl1e City MetFIS§J9~ (print name/title) b.'-hc. ( (. t:> ( 1\cSS he.· Kathryn B. Dodson By: ATTEST: a~l.t~ .· ~} IJ£ft{f/f tJj ·)\{55-iu· ~~!?nc~teD:{('t,_u{! ct.r _C!ZJ!t>tz·lavy {e c d~ c1 D& fte fer. ~YlQ.,&\~~ City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!.f..E. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A BREWER, City Attorney BY: ~LL~ ~~lstant City Attorney '"~?4) LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRC577 Page 4 of 11 City Attorney Approved 2/29/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1 ~~~?.t_:~'Y public or other officer completing this certificate verifies only the identity of the individual who signed the ~ent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of ~ ---) \s.._<rp\? On~~"-.. ""~ -~'\\-o before me, ' Date ~~~~-( ~ ~\.J-~',_~ (~nsert Name ~TWeOftf.k 0~ personally appeared '-~Q;~:=s--."""""'-~~R-;,.._--~~s;:..::<.A~~---'"--<:,__,G,__c..._'--==-0,;_,-...,_, "?-s.:>=::l..---'~""'--"""'-..1.~""'-'~~C:...~~~ .... j.:~,__.'---- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ is/~ subscribed to the within instrument and acknowledged to me that he/she/~executed the same in-- his/her/~authorized capacity@ and that by his/her/t~gnature~n the instrument the perso~ or the entity upon behalf of which The perso~ acted, executed the inStrument. @ BETTY WALKER _ Commission # 2049407 ~ Notary Public -California ~ } San Diego County ~ •••••• Ml ~oT"l :x~nr,s pe; LB-]~1[1 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu~~~-<~ Signa e of Notary u tc -------------------------------oPTIONAL------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document _ _ __ Title or Type of Document: e·~d:;' C~-"-..""-:..""~ Document Date:~~~-?3t~-4) Number of Pages: Signer(s)' Other Than Named Above: _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 PartnHr -0 Limited 0 General D Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: ______________ __ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~· ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration be Subcontracted j)_;/) 12__ Total% Subcontracted: \\Jof\L LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRC577 No. Page 5 of 11 License No., %of Classification & Total Expiration Date Contract City Attorney Approved 2/29/2016 Tracking#: EXHIBIT B JOB QUOTATION Nissho of California, Inc. will refurbish landscape and modify irrigation systems at four City of Carlsbad fire stations. All work shall be performed in accordance with the attached planting plans and Contractor's proposals dated March 17, 2016. Fire Station 1 -1275 Carlsbad Village Drive ITEM UNIT QTY DESCRIPTION NO. 1 1 Irrigation Modifications 2 1 Plant Delivery Charge 3 $14.75 71 1 Gallon Arctostaphylos-John Dourley (Manzinita) 4 $6.25 94 1 Gallon Carex Divulsa (Berkley Sedge) 5 $14.53 28 1 Gallon Dianella Caerulea (Blue Flax Lily) 6 $5.72 37 1 Gallon Lantana-New Gold (Yellow Lantana) 7 $7.81 15 1 Gallon Salvia Leucantha -Santa Barbara (Dwarf Mexican Bush Sage) 8 $24.98 2 5 Gallon Strelitzia Reginae-(Bird of Paradise) 9 1 Soil Amendments and Fertilizer 10 1 Labor for Demolition, Grading and Planting LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS TOTAL* PRICE . $802.00 $322.00 $1,047.25 $587.50 $406.84 $211.64 $117.15 $49.96 $205.00 $2461.00 $6,210.34 CONT. NO. PKRC577 Page 6 of 11 City Attorney Approved 2/29/2016 Fire Station 3 -3701 Catalina Drive ITEM UNIT QTY DESCRIPTION NO~ 1 1 Turf Grow and Kill Process 2 1 Turf Demolition Equipment and Dump Fees 3 1 Irrigation Modifications 4 1 Soil Amendments and Fertilizer 5 1 Plant Delivery Charges 6 $14.75 110 1 Gallon Arctostaphylos-John Dourley (Manzinita) 7 $9.37 76 1 Gallon Heuchera Maxima-(Heuchera) 8 $5.72 20 1 Gallon Lantana -Montevidensis (Purple Lantana) 9 $7.81 11 1 Gallon Salvia Leucantha -Santa Barbara (Dwarf Mexican Bush Sage) 10 $10.93 40 1 Gallon Mahonia Repens -(Creeping Mahonia) 11 $7.49 22 1 Gallon Miscanthus Sinensis (Japanese Silver Grass) 12 $19.78 12 5 Gallon Heteromeles Arbutifolia-(Toyon) 13 $24.98 12 5 Gallon Rhamnus Californica-(Coffeeberry) 14 $17.69 9 5 Gallon Cistus Hybridus (White Rockrose) 15 $49.96 14 CY MB Organics Stump Mulch 16 1 Mulch Delivery 17 1 Turf Renovation Equipment 18 1 Dwarf Fescue Seed 19 $54.13 2 CY Seed Topper 20 1 Labor for Demolition, Grading, Planting, Mulching and Turf Renovation TOTAL* LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS Tracking#: PRICE $104.00 $253.50 $1,014.26 $217.33 $318.00 $1,622.50 $712.12 $114.40 $85.91 $437.20 $164.78 $237.36 $299.76 $159.21 $699.44 $208.17 $135.31 $152.90 $108.26 $3,384.00 $10,428.41 CONT. NO. PKRC577 Page 7 of 11 City Attorney Approved 2/29/2016 Fire Station 4 -6885 Batiquitos Drive ITEM UNIT QTY DESCRIPTION NO. 1 1 Turf Grow and Kill Process 2 1 Turf Demolition Equipment 3 1 Turf /Planter Edging Materials 4 1 Planter Demolition/Dumpster 5 1 Planter Demolition Equipment 6 1 Irrigation Modifications 7 1 Soil Amendments and Fertilizer 8 1 Plant Delivery Charges 9 $10.93 50 1 Gallon Arctostaphylos-Pacific Mist (Manzinita Pacific Mist) 10 $5.72 30 1 Gallon Bacchris-Pigeon Point (Dwarf Coyote Bush) 11 $5.72 35 1 Gallon Carex Divulsa (Berkley Sedge) 12 $14.53 31 1 Gallon Dianella Caerulea -(Blue Flax Lily) 13 $9.37 11 1 Gallon Heuchera Maxima (Heuchera) 14 $5.72 54 1 Gallon Lantana-New Gold (Yellow Lantana) 15 $10.93 31 1 Gallon Mahonia Repens (Creeping Mahonia) 16 $7..49 15 1 Gallon Miscanthus Sinensis-(Japanese Silver Grass) 17 $5.72 17 1 Gallon Muhlenbergia Rigens-(Deer Grass) 18 $19.78 12 5 Gallon Malosma Laurina-(Laurel Sumac) 19 $24.98 7 5 Gallons Rhamnus Californica-Eve Case (Coffeeberry) 20 $49.96 4 CY MB Organics Stump Mulch LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS Tracking#: PRICE $104.09 $116.50 $391.00 $630.35 $548.00 $5,470.25 $249.00 $274.00 $546.50 $171.60 $200.20 $450.43 $103.07 $308.88 $338.83 $112.35 $97.24 $237.36 $174.86 $199.84 CONT. NO. PKRC577 Page 8 of 11 City Attorney Approved 2/29/2016 UNIT .. ITEM QTY DESCRIPTION CONTINUED NO~ 21 1 Mulch Delivery 22 1 Turf Renovation Equipment 23 1 Dwarf Fescue Seed 24 1 CY Seed Topper 25 1 Labor for Demolition, Grading, Planting, Mulching and Turf Renovation TOTAL* Fire Station 6 -7201 Rancho Santa Fe Road ITEM UNIT QTY DESCRIPTION NO. 1 1 Irrigation Modifications 2 1 Soil Amendments and Fertilizer 3 1 Plant Delivery Charges 4 $7.81 16 1 Gallon Salvia Leucantha-(Mexican Bush Sage) 5 $5.72 84 1 Gallon Lantana -Montevidensis (Purple Lantana) 6 $18.74 37 5 Gallon Ceanothus Griseus-Yankee Point (Carmel Creeper) 7 $19.78 9 5 Gallon Heteromeles Arbutifolia-(Toyon) 8 $30.15 31 5 Gallon Phormium-Yellow Wave (Flax) 9 $16.61 41 5 Gallon Arctostaphylos-Pacific Mist (Manzinita Pacific Mist) 10 $10.37 17 1 Gallon Aloe Ghost 11 $31.25 3 5 Gallon Agave Desmettiana 12 1 Labor for Grading, Planting and Mulching TOTAL* *Includes taxes, fees, expenses and all other costs. · Grand Total Shall Not Exceed $44,928.14 LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS Tracking#: PRICE $104.00 $271.00 $306.00 $216.50 $6,848.00 $18,469.85 PRICE $2,208.50 $233.50 $343.00 $124.96 $480.48 $693.38 $178.02 $934.65 $681.01 $176.29 $93.75 $3,672.00 $9,819.54 CONT. 1\10. PKRC577 Page 9 of 11 City Attorney Approved 2/29/2016 Tracking#: EXHIBITC LABOR AND MATERIALS BOND Bond No.: CDGP102742 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Nissho of California, Inc. (hereinafter designated as the "Principal"), a Contract for: LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONTRACT NO. PKRC577 In the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHERE.ll.S, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE. WE. Nissho of California. Inc.. as Principal. (hereinafter desionated as the "Contractor"), and State National Insurance Company, Inc.· as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty-four thousand nine hundred twenty-eight dollars and fourteen cents ($44,928.14), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts duo under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code 'with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any sLlit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect Its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. *Administered By: Contractor Managing General Insurance Agency, Inc. LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRC577 Page 10 of 11 City Attorney Approved 2/29/2016 I l I l f i I I i I [ ~ t I I ~ I I I J ~ ! i l ~ f t ! i l Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this___,)=· _{ __ ~day Ex~cuted by SURETY this _2_1_s_t ____ day of ~r::-2..::_"'.:....'·l~------'' 20lf_. CONTRACTOR: Nissho of California, Inc. By: (sign here) (print name here) t% (Q ~]fir s· ufe ., { Jv' ~ S S ""'.:~ tJ (:~ (title and organization of signatory) By: _:;lu";;de. ~~ (sign here) (print name here} S"tcrcrtt•lf . N:'s>iiD o{ C:tU-1-utHit:..<.. (title an~ organization of slgn~to}y) of April 20~. SURETY: State National Insurance Company Inc. * (name of Surety) 20335 Ventura Blvd., Suite 426 Woodlar,tl Hills CP. 91264 --------· (address of Surety) 866-363-2642 ~p_h':'2e ~mber afSurety) ..., ~---~ ( v.-By:-+'---------! (signature of Attorney-in-Fact) Stephanie Hope Shear, Attorney-in-Fact (printed name of Attorney-in-Fact} (attach corporate resolution showing current power of attorney) *Administered By: Contractor Mqnaging General Insurance Agency, Inc. (Proper notarial acknowledgment of executiqn by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretar-Y must sign for corporallons. If only one officer signs, the corpllration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney , / By: ~-'CL~Z.-z:q, 1\sststant City Attorney /}J''-L/lj ~/ LANDSCAPE REFURBISHMENT AND IRRIGATION MODIFICATIONS CONT. NO. PKRG577 Page 11 of 11 City Attorney Approved 2/29/2016 Bond No: CDGP1 02742 State National Insurance Company, Inc. Administered by: Premium: $1,123.00 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSlJRANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal oftice in Bedford. Texas does hereby constitute and awoint Stephanie Hope Shear (individually, jointly, or se'oerally) its true and lawful agent and attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds in an amount not to exceed: Three Million and 00/100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The acknowledgem1:nt and execution of bond by said Attorney-in-Fact, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature and date of any authorized officer and the seal of the Company may be affiXed by facsimile or other electronic image to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature, date, and seal when so used shall have the same force and effect as though manually affixed. This Power of Attorney shall remain in full force and effect until revoked by STATE NATIONAL INSURANCE COMPANY, INC. in a signed writing delivered to the foregoing Attorney-in-Fact. STATE OF TEXAS County of Tarrant IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 7th day of August, 2015. STATE NATIONAL INSURANCE COMPANY, INC. On this 7th day of August, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each ofthe herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, 1 have hereunto set my hand at Bedford, Texas the day and year above written. Ctc~tt_ct['k;(Jl___ ,.--~:~~.\~~r~'', DEANA HOWELL t~~"t~ Notary Public, State of rexas -;,.~;· . .1"'..-";·§ M1' Cornnw;ston Exptres .... ,,;hf,M;;~~i· January 07, 2018 Signature of Notary [Notary Stamp] I, the undersigned, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and fo;egoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which i::; still h full force a11d etfe·.ct. 20th Apr!! 6 IN WITNESS WHEREOF, I have thereunto systematically set my hand and attested the seal of said Company this~-day of _ __, 201 __ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On APR ~ [) 2016 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared _______ S_T_E_P_H_A_N_IE_H_O_P_E_S_H_E_A_R ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SHIRLEY GIGGLES Commiisslon # 1987675 ~ • •a Notary Pub:ic -California ~ z ~ , Los A~geies County !:: J. ;·; ·; 0 0Ml sogu~. ;xerr;s 0S~ J·J~1[( Place Notary Seal Above -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s}: ______ _ D Corporate Officer -Title(s): ______ _ 0 Partm~r-D Limited D General [J Partner -D Limited L: General D Individual D Attorney in Fact D Individual D Attorney in Fact LJ TrustHe lJ Guardian or Conservator LJ Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ 'Z.~~~·cc~:;.c:~x:::c~:'t:;z.~~~·c;x;~~~~'<'Z.'<'Z.'C'V'g(:,~'QG~::z;P;z.'CZ-\G<::~!Z.'§';;~~~~~~~'gj(;~~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 WORK ORDER Carlsbad Fire Station #1 City of Carlsbad e Client Name 760-434-2941 Kyle Lancaster Client Phone # Authorized by (Print) •le.Lancaster@carlsbadca.g email Authorized by (Sign) Date License #598372 Nissho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) 3.17.2016 Date Sales Rep Approval (Sign) Mgmt Approval DETAILED DESCRIPTION OF WORK TO BE PERFORMED Location: 1275 Carlsbad Village Dr Carlsbad CA GRAND TOTAL THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED"iw"TH'rnNrii~:im:i'Ei)-....1...;...-...;... __ ..J REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Client Representative Print Print Sign Date Sign Date r- ~'·? e o {p 0 ~ e> ~ ~ \t ~ >= '" ~ ~ "' c. I' .v. {~ ~ r.:· fi .If.. • ~ ~ ~~ "' 'i j:' " :l " ~· oi r.. J ~:,1 .,., ~ ~ {; ': 'S' r, $ ,, ~ • ~ ~ r· ~ ~ "' ': !;'; t' z 13 rr ~ ~ " ::\1 '" ~ ~ l.• ;:! Cl :?. ~ ':f~ ~ ·~ ~ ..... z .., 2 0 (i g ~ ~ n1 I !"I ~ ~ .,., ..,. @. 7J ~ ., f) uu Ill ~on !1 ~:s C:o ... 2 :1 ~ ~ ~ :B "i ~ ~ E ~ ~ ~ ~ "' "' .. il l· . ., .• ~ l; ~ L1 " H ., r: ,., II ,,. .... ~ . -.. ... '" ~ ;· ~ i; "?!-~ m ~ , :~ :Q '" .., 'i " '" ,,, il H =! :3 , ~ .. .. ~ ~ ;> ,~\ if -l .{I .~ ,, 7 7 ' ; 7' .. ~ .!!. '~ ·r. a . .. .... w ~ "' . ti o:j ~~ ~ t~ NISSHO OF CALIFORNIA, INC. WORK ORDER City of Carlsbad Client Name 760-434-2941 Kyle Lancaster Client Phone # Authorized by (Print) Nissho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) 3.17.2016 Date •le.Lancaster@carlsbadca.g email Authorized by (Sign) Mgmt Approval Date Sales Rep Approval (Sign) DETAILED DESCRIPTION OF WORK TO BE PERFORMED Location: 3701 Catalina Dr Carlsbad CA GRAND TOTAL THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Client Representative Print Print Sign Date ign Date ~ PLANTING LEGEND WUCOLS REGION 3; WESTERN GARDEN ZONE -19 SIZE EVERGREEN/ QTY HEIGHT/ DECIDUOUS WIDTH 1 GAL EVERGREEN 110 2'/5' 5GAL EVERGREEN 12 10'/6' 1 GAL DECIDUOUS 76 '2:12' EVERGREEN 20 2'/5' EVERGREEN 40 2'/5' DECIDUOUS 22 4'/4' EVERGREEN 12 6'/6' WHITE ROCK ROSE Is GAL EVERGREEN s 3'/5' SALVIA LEUCANTHA 'SANTA BARBARA'( MEXICAN SAGE 11 GAL I EVERGREEN RENOVATE EXISITNG TURF & OVERSEED W/ DWARF TALL FESUE ~ SHRUBS AND GROUNDCOVER PLANTING IN THE FRONT YARD IS OPTIONAL. EXISTING TURF MAY NEED TO BE RESTORED AS PREFERRED ALTERNATIVE. COORDINATE CHOSEN COURSE OF ACTION WI PARKS SUPERINTENDENT 11 3'13' 1,325SFI 1.5"12" 1,540SF I 3" deep FIRE STATION #3 LANDSCAPE IMPROVEMENTS CITY OF CARLSBAD PARKS & REC DEPT 20SCALE NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 WORK ORDER 760-434-2941 Client Phone # •le.lancaster@carlsbadca.s email City of Carlsbad Client Name Kyle Lancaster Authorized by (Print) Authorized by (Sign) Date License #598372 Nissho Internal Only (Maintenance Department) TomBaird .. ~ Project Manager (Print) ~ Sales Rep Approval (Sign) Mgmt Approval DETAILED DESCRIPTION OF WORK TO BE PERFORMED Location: 6885 Batlquitos Dr. Carlsbad CA 92011 GRAND TOTAL THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Client Representative rint Print Sign Date ign Date ft PLANTING LEGEND WUCOLS REGION 3; WESTERN GARDEN ZONE -19 ;;. > -~ SYMBOL BOTANIC NAUE COMMON NAME SIZE ~~Jb~Jr' QTY 1 GAL EVERGREEN 50 1 GAL EVERGREEN 30 BERKELEY SEDGE 1GAL EVERGREEN 35 DIANELIA 1GAL EVERGREEN 31 TOY ON 5GAL EVERGREEN 0 HEUCHERA 1 GAL OECIDUOUS 11 YELLOW LANTANA 1GAL EVERGREEN 54 CREEPING MAHONIA 1GAL EVERGREEN 31 SGAL EVERGREEN 12 1GAL DECIDUOUS 15 OEERGRASS 11 GAL DECIDUOUS 17 COFFEEBERRY 5GAL EVERGREEN 7 l + + +1RENOVATE EXISrrNG TURF & OVERSEED WI DWARF TALL FESUE J 2,440l ,..AP"!oll"'~A .... <t""P'PII •f"'&aiiii"'U &U\1 f--1.10 1"\r'W">A.II.I- EXI$11NG TURF TO BE RESTORED APPLY I.IULCH TO NEW PLANTER AREAS lANDSCAPE DESIGN AND IMPLEMEMTATlON BY h1SSHO CAUFOIOOA 360SF -111_ '· \~ ·--~ :4 _ .. l.j J' ,:fti FIRE STATION #4 LANDSCAPE IMPR( OTY OF CARlSBAD PARKS I NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 WORK ORDER Carlsbad Fire Station #6 City of Carlsbad Client Name 760-434-2941 Kyle Lancaster Client Phone # Authorized by (Print) •le. Lancaster@carlsbadca.o email Authorized by (Sign) Date Ucense #598372 Nissho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) Sales Rep Approval (Sign) DETAILED DESCRIPTION OF WORK TO BE PERFORMED Location: 7201 Rancho Santa Fe Dr Carlsbad CA GRAND TOTAL THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTEDBYTHirlTr:ffiE~i'Gf:i'Eo-....r..------' REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Client Representative Pnnt Print Date Sign Date PLANTING LEGEND ~ FIRE STATION #6 LANDSCAPE IMPROVEMENTS SHEET 1 CITY OF CARLSBAD PARKS & REC DEPT 20 SCALE ~ SYtiBOL BOTANIC t.:AIJE COUPJONNAW! SIZE EJl>' Q'TY HB GHTI WI01'14 G> ~'!~~~4-YLOS WA-uRSI !;:~';!;k SGAL E <1 'ZIS • CEAHOTKVS GIUSSJS "YANKEE POIN"" CAIUIEt. CREEPER 5GAL E :17 '>!If:: -HETEROII.EL.ES AAliUllFOUA TOYON SGAL E 28 10'!S" ® LAMTANA L10NTAVID"JISS PURPLE LANTANA 1 GAl. E 8A 'ZIS ® lANTANA X HVBRJO "VE.LlOVt YELLOW LANTANA 1GAI. E I) oz;s ® PHORMIUM 'VELJ..J:1WWAI/e NEW ZEALAND f lAX SGAI. E ~3 = ~ SALVIA LEUCAim!A 'SAMTA 3ARBA.V." W'.EXICANSAGE 1GA1. E 33 ~~ CARI.SIIAD S"T\JhiP MV1..0i 1.1X ltO:ft ~B ORGA>IICS 87CSF 3"d<eS ("cw l'lanlorc...,.s) &>-• EVSGREEI:I DectCUOUS FIRE STATION #6 LANDSCAPE IMPROVEMENTS SHEET2 CITY OF CARLSBAD PARKS & REC DEPT »S~